Rule2026-08901
Special Local Regulation; Bush River and Otter Point Creek; Between Perryman, MD and Edgewood, MD
Primary source
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Published
May 6, 2026
Effective
May 16, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation (SLR) for certain waters of the Bush River and Otter Point Creek, in Maryland, between Perryman and Edgewood. This action is necessary to provide for the safety of life on these navigable waters, located at Edgewood, MD, during a high-speed power boat race on May 16, 2026, and May 17, 2026. This regulation prohibits persons and vessels from entering the regulated area unless specifically authorized by the Captain of the Port, Sector Maryland-National Capital Region (COTP), or a designated representative.
Full Text
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<title>Federal Register, Volume 91 Issue 87 (Wednesday, May 6, 2026)</title>
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[Federal Register Volume 91, Number 87 (Wednesday, May 6, 2026)]
[Rules and Regulations]
[Pages 24368-24370]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08901]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2026-0402]
RIN 1625-AA08
Special Local Regulation; Bush River and Otter Point Creek;
Between Perryman, MD and Edgewood, MD
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) for certain waters of the Bush River and Otter Point
Creek, in Maryland, between Perryman and Edgewood. This action is
necessary to provide for the safety of life on these navigable waters,
located at Edgewood, MD, during a high-speed power boat race on May 16,
2026, and May 17, 2026. This regulation prohibits persons and vessels
from entering the regulated area unless specifically authorized by the
Captain of the Port, Sector Maryland-National Capital Region (COTP), or
a designated representative.
DATES: This rule is in effect from 9 a.m. on May 16, 2026, through 7
p.m. on May 17, 2026. It will only be subject to enforcement, however,
from 9 a.m. through 7 p.m. on each of the two days the rule is in
effect.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0402.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact LCDR Kate Newkirk, Sector Maryland-NCR, Waterways Management
Division, U.S. Coast Guard: telephone 410-576-2596, or email
<a href="/cdn-cgi/l/email-protection#fdb0b9b3beafaa9c89988f8a9c848ebd888e9e9ad3909491"><span class="__cf_email__" data-cfemail="2b666f6568797c4a5f4e595c4a52586b5e58484c05464247">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
SLR Special Local Regulation
U.S.C. United States Code
II. Background and Authority
The Kent Narrows Racing Association applied for a permit under 33
CFR 100.15 to conduct the Harford County Spring Nationals Inboard
Hydroplane Race on May 16, 2026, and May 17, 2026, from 10 a.m. to 6
p.m. on both days. The high-speed power boat racing event consists of
approximately 50 participating racing boats--including composite and
wood hull inboard hydroplanes--12 to 28 feet in length. Following the
approval of a permit, the COTP may issue special local regulations
under 33 CFR 100.35, as the Coast Guard is doing in the form of this
temporary final rule.
The Captain of the Port Sector Maryland-National Capital Region
(COTP) is issuing this Special Local Regulation (SLR) under the
authority in 46 U.S.C. 70041. The COTP has determined that potential
hazards associated with the power boat race would be a safety concern
for anyone intending to participate in this event and for vessels that
operate within the specified waters of the Bush River and Otter Point
Creek. The purpose of this rule is to protect event participants, non-
participants, and transiting vessels before, during, and after the
scheduled event.
The Coast Guard is issuing this rule without prior notice and
comment. As is authorized by 5 U.S.C. 553(b)(B), the
[[Page 24369]]
Coast Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable to provide notice, consider any comments received, and
publish a final rule by May 16, 2026, when the rule must be in place to
address the potential safety hazards associated with the high-speed
power boat race.
For the same reasons, the Coast Guard finds that under 5 U.S.C.
553(d)(3), good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
III. Discussion of the Rule
This rule establishes a temporary SLR from 9 a.m. on May 16, 2026,
through 7 p.m. on May 17, 2026. Although it will be in effect during
that period, it will only be enforced from 9 a.m. to 7 p.m. on May 16,
2026, and from 9 a.m. to 7 p.m. on May 17, 2026. The regulated area
will cover all navigable waters of the Bush River and Otter Point
Creek, shoreline to shoreline, bounded to the north by a line drawn
from the western shoreline of the Bush River at latitude 39[deg]21'15''
N, longitude 076[deg]14'39'' W and thence eastward to the eastern
shoreline of the Bush River at latitude 39[deg]27'03'' N, longitude
076[deg]13'57'' W, and bounded to the south by the Amtrak Railroad
Bridge, across the Bush River at mile 6.8, between Perryman, MD and
Edgewood, MD. These boundaries are based on a detailed course map for
the event which the Coast Guard received from the sponsor on January
20, 2026.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders.
A. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section. Small businesses may send comments to the Small
Business and Agriculture Regulatory Enforcement Ombudsman and the
Regional Small Business Regulatory Fairness Boards by calling 1-888-
REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
B. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment.
This rule is a special local regulation. It is categorically
excluded from further review under paragraph L61of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T599-0402 to read as follows:
Sec. 100.T599-0402 Special Local Regulation; Bush River and Otter
Point Creek; Between Perryman, MD and Edgewood, MD.
(a) Location. This special local regulation applies to the
following area:
(1) Regulated area. All navigable waters of Bush River and Otter
Point Creek, from shoreline to shoreline, bounded to the north by a
line drawn from the western shoreline of the Bush River at latitude
39[deg]27'15'' N, longitude 076[deg]14'39'' W and thence eastward to
the eastern shoreline of the Bush River at latitude 39[deg]27'03'' N,
longitude 076[deg]13'57'' W; and bounded to the south by the Amtrak
Railroad Bridge, across the Bush River at mile 6.8, between Perryman,
MD and Edgewood, MD. The race area, buffer zone, and spectator area are
within the regulated area.
(2) Race Area. The area is bounded by a line commencing at position
latitude 39[deg]26'39.48'' N, longitude 076[deg]15'23.44'' W, to
latitude 39[deg]26'36.52'' N, longitude 076[deg]15'13.33'' W, to
latitude 39[deg]26'36.94'' N, longitude 076[deg]15'10.01'' W, to
latitude 39[deg]26'38.59'' N, longitude 076[deg]15'07.41'' W, to
latitude 39[deg]26'41.03'' N, longitude 076[deg]15'06.22'' W, to
latitude 39[deg]26'43.61'' N, longitude 076[deg]15'06.76'' W, to
latitude 39[deg]26'45.63'' N, longitude 076[deg]15'08.89'' W, to
latitude 39[deg]26'47.93'' N, longitude 076[deg]15'16.76'' W, to
latitude 39[deg]26'50.24'' N, longitude 076[deg]15'24.63'' W, to
latitude 39[deg]26'49.81'' N, longitude 076[deg]15'27.95'' W, to
latitude 39[deg]26'48.16'' N, longitude 076[deg]15'30.56'' W, to
latitude 39[deg]26'45.72'' N, longitude 076[deg]15'31.75'' W, to
latitude 39[deg]26'43.15'' N, longitude 076[deg]15'31.20'' W, to
latitude 39[deg]26'41.13'' N, longitude 076[deg]15'29.07'' W thence
back to the beginning point.
(3) Buffer Zone. The buffer zone surrounds the entire race area and
is bounded by a line commencing at position latitude 39[deg]26'39.60''
N,
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longitude 076[deg]15'30.00'' W, to latitude 39[deg]26'37.80'' N,
longitude 076[deg]15'24.00'' W, to latitude 39[deg]26'34'' N, longitude
076[deg]15'14.40'' W, to latitude 39[deg]26'34.80'' N, longitude
076[deg]15'09.00'' W, to latitude 39[deg]26'37.20'' N, longitude
076[deg]15'05.40'' W, to latitude 39[deg]26'40.80'' N, longitude
076[deg]15'03.60'' W, to latitude 39[deg]26'44.40'' N, longitude
076[deg]15'04.20'' W, to latitude 39[deg]26'46.80'' N, longitude
076[deg]15'07.20'' W, to latitude 39[deg]26'49.80'' N, longitude
076[deg]15'15.60'' W, to latitude 39[deg]26'52.20'' N, longitude
076[deg]15'25.20'' W, to latitude 39[deg]26'51.60'' N, longitude
076[deg]15'28.80'' W, to latitude 39[deg]26'49.20'' N, longitude
076[deg]15'32.40'' W, to latitude 39[deg]26'45.60'' N, longitude
076[deg]15'34.20'' W, to latitude 39[deg]26'42.60'' N, longitude
076[deg]615'33.60'' W thence back to the beginning point.
(4) Spectator Area. The spectator area is designated as all waters
immediately surrounding the buffer zone up to a distance of 500 feet
immediately surrounding the buffer zone.
(b) Definitions. As used in this section--
Buffer Zone is a neutral area that surrounds the perimeter of the
race area within the regulated area described by this section. The
purpose of a buffer area is to minimize potential collision conflicts
with marine event participants or high-speed power boats and nearby
transiting vessels. This area provides separation between a race area
and other vessels that are operating in the vicinity of the regulated
area established by the special local regulations in this section.
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Sector Maryland-
National Capital Region (COTP) in the enforcement of the regulated
area.
Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been so
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Participant means all persons and vessels registered with the event
sponsor as a participant in the race.
Race area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a race
area within the regulated area defined by this section.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the COTP or their designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-FM channel 16 (156.8 MHz) and channel 22A (157.1
MHz). Those in the regulated area must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement periods. This section will be enforced from 9 a.m.
to 7 p.m. on May 16, 2026, and from 9 a.m. to 7 p.m. on May 17, 2026.
Dated: April 16, 2026.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2026-08901 Filed 5-5-26; 8:45 am]
BILLING CODE 9110-04-P
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